General Training Services – Terms & Conditions

Chilled & Fulfilled Aus Pty Ltd (ACN 662 994 050)
2/75–79 Bay Street, Brighton VIC 3186

1. Introduction

1.1 These Terms & Conditions, together with the Pricing Schedule, the Assessment Form (if applicable) and our Privacy Policy, comprise a legally binding agreement (Agreement) between Chilled & Fulfilled Aus Pty Ltd (Chilled & Fulfilled, we, us or our) and the person identified in the Booking and Assessment Form (you or your).

1.2 This Agreement applies to the provision of dog training, behavioural modification, coaching and/or consulting services as described on our Website, in writing, or otherwise agreed between the parties (Services) across Australia.

1.3 How this Agreement is accepted
Acceptance of this Agreement occurs when, after being provided with or given access to these Terms & Conditions following an Assessment Call or Assessment Meet & Greet (if applicable), you do any one or more of the following:
(a) sign this Agreement (physically or electronically);
(b) tick an online acceptance box;
(c) proceed to make payment in accordance with the booking instructions provided by Chilled & Fulfilled; or
(d) proceed to book or attend Sessions after being presented with this Agreement.

2. Precedence

2.1 This Agreement prevails over any terms contained in invoices, purchase orders or other documents issued by you.

2.2 If there is any inconsistency between documents forming part of this Agreement, this Agreement prevails to the extent of the inconsistency.

3. Term

This Agreement commences on the date you accept this Agreement in accordance with clause 1.3 (Commencement Date) and continues until terminated in accordance with this Agreement (Term).

4. Your obligations

4.1 During the Term, you must:
(a) where required, complete the Assessment Form accurately, completely, truthfully and with current information, and promptly update that information if it changes;
(b) ensure all information you provide about you and your dog (whether verbally or in writing) is accurate, complete, truthful and current, and promptly notify us of any material changes;
(c) attend each Session with your dog and comply with all reasonable directions and safety instructions provided by Chilled & Fulfilled;
(d) prepare for each Session as reasonably instructed;
(e) pay the Fees in accordance with clause 6; and
(f) comply with all Relevant Laws relating to the care, control and treatment of your dog.

4.2 Chilled & Fulfilled may, acting reasonably, accept or decline your request for Services following review of your Booking and any Assessment Form.

4.3 If you fail to comply with this clause 4, Chilled & Fulfilled may, acting reasonably:
(a) terminate or suspend the affected Session (with Fees paid forfeited unless otherwise agreed); and/or
(b) terminate this Agreement in accordance with clause 7.

5. Our obligations

5.1 Subject to your compliance with this Agreement, Chilled & Fulfilled will use reasonable endeavours to provide the Services as agreed.

5.2 If we fail to provide the Services in accordance with this Agreement, and subject to Relevant Laws, we will use reasonable endeavours to rectify the issue or offer a reasonable alternative.

5.3 Money-back guarantee requests must be submitted in writing within five (5) Business Days after completion of the relevant Session. Approved refunds will be processed within 14 Business Days.

5.4 Any training support services provided are subject to reasonable usage limits.

6. Fees and payment

6.1 Fees are set out in the Pricing Schedule and are payable in Australian Dollars, inclusive of GST unless otherwise stated.

6.2 Unless otherwise agreed in writing, Fees are payable upon issue of an invoice.

6.3 Chilled & Fulfilled may suspend or terminate Services for non-payment.

7. Termination

7.1 Either party may terminate this Agreement for convenience with at least seven (7) Business Days’ written notice.

7.2 Either party may terminate immediately if the other party commits a material breach that is not remedied within 14 days of written notice or is incapable of remedy.

8. Cancellation and rescheduling

8.1 Client cancellations within 48 hours of a scheduled Session incur a cancellation fee equal to the full Session Fee.

8.2 Sessions will not be cancelled due to weather unless conditions make delivery unsafe or impractical.

9. Liability

9.1 To the maximum extent permitted by law, Chilled & Fulfilled excludes liability for loss or damage arising from the Services, except where caused by our gross negligence, wilful misconduct, or where liability cannot be excluded under the Australian Consumer Law.

9.2 Outcomes are not guaranteed and depend on factors outside our control, including client implementation.

10. Consent and copyright

10.1 With your written consent, Chilled & Fulfilled may use photographs or recordings taken during Sessions for promotional or educational purposes.

10.2 All intellectual property remains the property of Chilled & Fulfilled.

11. Confidentiality and privacy

Personal Information is handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

12. Force Majeure

Neither party is liable for delay or failure caused by a Force Majeure Event.

13. Dispute resolution

The parties must attempt to resolve disputes through good faith discussions before commencing proceedings (except urgent relief).

14. Governing law

This Agreement is governed by the laws of the states and territories in which the Services are provided, across Australia.

15. Execution and acceptance

15.1 This Agreement may be executed and accepted:
(a) by physical signature;
(b) electronically (including via e-signature platforms such as DocuSign or similar);
(c) by ticking an online acceptance box; or
(d) by proceeding with a Booking after being presented with this Agreement.

15.2 You agree that any method of acceptance described in clause 15.1 constitutes valid and binding acceptance of this Agreement.